RHOAN vs BIBI’S ENCHILADAS & GRILL, LLC, et al.

25CV021897: RHOAN vs BIBI'S ENCHILADAS & GRILL, LLC, et al. 08/31/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8C

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard at 1:30 p.m. in Department 8C in the Tani G. Cantil-Sakauye Courthouse at 500 G Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line for Department 8C at (916) 874-8380, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/j/16039062174

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

25CV021897: RHOAN vs BIBI'S ENCHILADAS & GRILL, LLC, et al. 08/31/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8C

ID: 16039062174

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION***

Plaintiff Annette Rhoan’s (“Plaintiff”) motion to deem matters admitted is CONTINUED to September 9, 2026 at 1:30 p.m. in Department 8C for the reasons stated below.

Local Rule 2.31(E) states:

Parties shall make separate reservations, pursuant to Rule 2.39 for each remedy before

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV021897: RHOAN vs BIBI'S ENCHILADAS & GRILL, LLC, et al. 08/31/2026 Hearing on Motion to Deem Request for Admissions Admitted in Department 8C

filing multiple discovery-related motions in the same case with the same hearing date. When simultaneously filing multiple discovery-related motions in the same case with the same hearing date, each motion shall be filed as a separate document and a separate filing fee paid for each. Parties may not combine motions pertaining to different types of discovery within the same document. Failure to comply with any part of this rule regarding discovery motions may, in the discretion of the Court, be grounds for the motions being dropped without consideration.

(Local Rule 2.31(E).[1])

Plaintiff’s motion does not comply with this rule. Plaintiff seeks an order deeming matters admitted in relation to three separate sets of requests for admission: (1) Plaintiff’s Request for Admission, Set One to Defendant Bibi’s Enchilada & Grill, LLC; (2) Plaintiff’s Request for Admission, Set One to Defendant Amanda Serrato De Romero; and (3) Plaintiff’s Request for Admission, Set One to Defendant Michel De Romero. (Taylor Decl., Exhs. A, B, & C.) Thus, Plaintiff seeks three separate remedies, i.e., an order deeming matters admitted for each defendant.

The Court will excuse Plaintiff’s failure to file three separate motions with three reservations. However, Plaintiff has paid only one filing fee. Thus, Plaintiff is directed to pay two additional filing fees to the Court by no later than September 4, 2026. If the two additional filing fees are not paid by that date, the motion will be dropped.

No further briefing is permitted absent leave of Court.

[1] This is the current iteration of Local Rule 2.31(E) as of July 1, 2026. However, the version of the rule in effect

when Plaintiff filed this motion was substantially similar to this version.

On the Court's own motion, the Hearing on Motion to Deem Request for Admissions Admitted scheduled for 08/31/2026 is continued to 09/09/2026 at 01:30 PM in Department 8C at Tani G. Cantil-Sakauye Courthouse.